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HomeMy WebLinkAboutCONSERVATION08152011 Mansfield Conservation Minutes August 15, 2011 Present: Colin Cauldwell, Chairman; Michele White, Vice Chairman; Joseph Mulkern; Paul Boyden; Carole Matthew; Elizabeth Leidhold, Conservation and Environmental Planner 11. Meeting called f:o/bl-c:let<lti6:45. 6:45 pm Lou Andrews/NRT in to discuss transfer documents from 2010 Town Meeting. Mr. Andrews updated the board concerning the transfer documents approved at the 2010 Town Meeting. These documents will need to be signed by the board and the Selectmen in the Town Clerk's office; the Town Clerk must witness the signatures. The documents will then be recorded at the Registry of Deeds. Mr. Andrews told the board the Conservation Restrictions have been passed to the state for review. Christian & Feck Development Dolan Estates, Ware Street, Map 32, Parcel 13. DEP The Notice of Intent was filed for the construction of a four lot cluster subdivision with related grading and utilities. Due to limited access approximately 6,190 square feet of wetland filling and a stream crossing is proposed. Mr. Feck requested a continuance to September 19, 2011. Ms. Matthew made the motion to continue the hearing for Dolan Estates, Ware Street to September 19, 2011. Ms. White seconded the motion. Motion passed 5-0-0. I 3. Certificateofc:brr1pliance:iErin's Centre, 390 West Street, Map 11, Parcel 25. DEP #211-647 Steve Haight, Haight Engineering, representing Shaw's Supermarket, was present. Mr. Haight told the board all work called for on the plans was completed and final site and landscaping as-buiits were submitted to the Town. The Town of Mansfield accepted the final site and landscaping as-builts on May 27, 2009. A permanent certificate of occupancy for Erin's Centre was issued by the Town of Mansfield Building Department on September 9, 2009. On July 26, 2010, the Conservation Commission voted to accept the as built plan submitted by RIM Engineering for the wetland restoration. Elizabeth told the board condition #18 of the original Order called for a ietter from an engineer or a plan to accompany a Certificate of Compliance request. John Sullivan prOVided a letter, dated May 27, 2009. Elizabeth told the board the ponds need to have some maintenance done because they are inundated with phragmites. Elizabeth suggested this be an on-going condition to make sure the stormwater basins, detention basins and swales are maintained in perpetuity. Mr. Cauldwell asked if there is an 0 & M plan for the maintenance of the drainage. Mr. Haight said an 0 & M plan was not part of the approval process. Elizabeth will check with the Engineering Department to see if a plan was submitted.; one should have been submitted to the Engineering Department. Ms. White made the motion to issue a Certificate of Compliance for Erin's Centre, 390 West Street, Map 11, Parcel 25, DEP #211-647 with the following on-going condition that the stormwater detention basins, swales and catch basins be maintained in perpetuity. Mr. Boyden seconded the motion. Motion passed 5-0-0. 1 14. Notice of Inteot:_ DEP # 211-0869: Thomas Johnson (Reit Management & Research LLC) 44 Cabot Boulevard. The Notice of Intent was filed for the initiation of an aquatic management program to control nuisance aquatic vegetation in a man-made pond. Maintenance practices will include a Hydro-raking project, aeration and prudent use of USEPA/MADAR register aquatic herbicides. Michael Lennon of Aquatic Control Technology was present. Mr. Lennon told the board the small pond is used primarily for irrigation storage for 44 Cabot Boulevard as well as three abutting properties. He said approximately 26,000 gallons of water are pulled each day for irrigation for the four properties. The primary inlet to the pond is a well and the outlet is an irrigation pump. He said the pond is completely man-made. Mr. Lennon said Aquatic Control was contacted by Reit Management & Research LLC last year and the pond was surveyed last October because the pond contained a green algae that was being stained red by the availability of ferric iron in the water. Mr. Lennon said Aquatic Control proposed to help the circulation in the pond by removing the sedge mat which at the time of the survey, covered neariy 70 to 80 per cent of the pond. At this time of the year, approximately 40 per cent of the main basin is covered by the mat. A mechanical hydro-rake, a floating backhoe with a York Rake attachment will be used. The raked material will be removed from the site. A sub-surface aeration system is proposed. A trench may have to be dug for tubing. The pond would be accessed by the lawn area and hay bales would be set up along the shore line to dispose of the sedge material when it was raked. Brooke Monroe of Plnebrook Consulting was hired to determine if there were any wetland resource areas on the site. Ms. Monroe placed 28 wetland flags, marked in the field as WF-1 through WF-28, around the perimeter of the ponds. She said she did not find much in the way of bordering vegetated wetlands but marked the upland bank. Mr. Lennon said the purpose of the proposed management program is to improve the conditions of the pond so there would not be the release of ferric iron and hopefully have better water conditions so they can use the pond for irrigation. The removal of the sedge mat is to improve the circuiation in the pond, improve the oxygen content and then maintain the algae and vegetation at a desirable level. The pond is used only for irrigation so a desirabie level means it is not impeding the irrigation and/or its use as a stormwater basin. Elizabeth said this is the first time she has heard about a stormwater basin; she said she thought it was an irrigation pond and one that had been abandoned for quite some time. Elizabeth said she and DEP have asked for the delineation of bordering vegetated wetlands, Inland Bank and the marsh system, as well as bottom and surface elevations of the pond. DEP has also said bordering vegetated wetiand alteration by hydro-raking does not qualify as a "limited" project under 10.53 (4). She suggested Mr. Lennon submit his revised information to DEP. She feels this project should be reviewed more closely before the project is allowed to go forward; she said the project may not be permittable under 10.S3 (4). Mr. Lennon said as far as marking the bordering vegetated wetlands, the upland bank and the marsh system, the consultant said there is nothing that can be classified as bordering vegetated wetlands so she marked the upland bank. There is no associated marsh system because it is a man-made pond with a clay bottom with a primary inlet that is a well and an outlet that is an irrigation pump. It is designated by the state as a pond; as such it can have wetland species but it still counts as a pond. He said they have not proposed any alteration of the bordering vegetated wetland, have not proposed any work or change to the bank or the bottom elevations. Mr. Cauldwell said the board needs to know the bottom and bank elevations. Elizabeth said she would like to meet with the consultant out on the site because she disagrees with her findings. She said Ms. Monroe's report is very short on information and the hand-drawn plan is unacceptable. Ms. Matthew asked Mr. Lennon if he is aware of the rules and regulations developed to clarify the by-law. She said everything that needs to be submitted with a plan is in the regulations; the hand-drawn plan is not acceptable, it needs to 2 be stamped by a registered engineer. Mr. Lennon said he had submitted bye-mailed an updated plan that had the coordinates of all the wetland flags. The e-mails were not received. Mr. Mulkern suggested Mr. Lennon talk with DEP before spending additional money because the project could be denied by the board and DEP. Mr. Lennon said the owner of Aquatic Control has had a conversation with DEP; basically a number has been issued, they are all done with their review of the project and it is at the discretion of the board whether the project is denied or approved. Elizabeth said there are many birds, dragonflies, bull frogs, green frogs and fish in the pond. The wetland habitat has no invasive species. She said there is evidence of cattails and lily pads along with Red Maple and willow trees. Elizabeth said it is a very healthy, thriving fresh-water wetland, the water is crystal ciear. Mr. Lennon said the birds, dragonflies and frogs will not be impacted by any of the activity out there. They are not proposing the removal of the cattails and the lily pad root systems will not be removed and will re-grow. Mr. Lennon said the project has three phases, all inciuded in the Notice of Intent. Phase 1 of the project will be the hydro-raking. Phase 2 would be the installation of an aeration system after the root mass has been removed to help oxygenation within the pond. Phase 3 would be follow-up maintenance, allowing treatment of the pond with an algaecide. Elizabeth said if the board continues the hearing she will meet with the consultant. Mr. Cauldwell said a surveyed plan with the information that DEP wants and the board needs to have according to the by- law should be submitted. The board needs to know where the resource areas are, the elevation of the bank as well as the bottom and surface elevations of the pond. A certified plan showing the locations of the wetland flags should be submitted. Mr. Boyden made the motion to continue to September 19, 2011. Motion passed 5-0-0. Mr. Lennon was told any changes to the plan have to be received five days prior to the hearing. 5. Notice of Intent: Grove Building Realty Trust, 110 Spring Street, Map 28, ParcellS? The Notice of Intent was filed for the construction of a Single-family dwelling and grading within the 200 ft. Outer Riparian Zone and within the flood plain. Paul DeSimone, Colonial Engineering, Inc. and James Lazzara were present. Mr. DeSimone told the board changes have been made to the plans for Lot 2. These changes inciude moving the piants to be planted at the limit of work cioser to the fill at contour 134; contour 134 has been labeled as the limit of work; waddles have been inciuded on the plan and will be installed along the front and side of the lot; a copy of the new plan, with a letter explaining the work being done in the inner riparian zone has been sent to DEP - Mr. DeSimone said he has not heard back from DEP. Comments from the Town Engineer: There is no benchmark on the plan; the benchmark must be shown on the plan. Mr. DeSimone said the benchmarks have been provided. The date of the flood plain line is out-dated and this date will keep changing but the flood plain line will stay the same. The elevations have not changes. The elevations for the basement of the existing house will be above the flood plain at elevation 135 above contour 134. Elizabeth's comments: Comment #6 in the Town Engineer's memorandum dated August 10, 2011 asks for more detailed information to determine if the abutting Lot 1, as shown on the plan, falls within the 100-year flood elevation. Mr. DeSimone said it does not fall within the lOO-year flood elevation; he will provide a plan with spot elevations for both Lot 1 and Lot 2. 3 Do you have an Alternatives Analysis for the work in the Riverfront Area? Mr. DeSimone said there is no alternative other than cleaning up the pile of material in the Inner and Outer Riparian Zone. You have added 611 square feet of impacts to the Inner Riparian Zone - how does this meet the performance standards for "no significant adverse impact" in10.58? Within the Outer Riparian Zone you have put 3,060 square feet of fill on the plan. Mr. Alves measured 5,500 square feet on Lot 2. According to your calculations, you are proposing 12,263 square feet of flood storage compensation within the Outer Riparian Zone on a different lot. How will the future owner of that lot be impacted? Mr. DeSimone said it is the same owner. Ellizabeth said it appears to be for sale. For this lot, unless you leave the future owner some kind of easement to gain access to the property, they will be looking at a "limited crossing" project either for the perennial stream or the intermittent stream on the property. She said the board needs a plan showing what is being proposed in the future on all the lots. Mr. DeSimone said you are not required to compensate on the same lot if you are filling in for flood plain. Elizabeth said it does have to be the same hydraulic connection. Mr. DeSimone said he can provide a plan that shows access to the upland area in the back. He said there is a 50 foot strip of land that would allow any future owners of this property access to the land. Elizabeth asked that Mr. DeSimone to send a letter to the Commission and the Town Engineer, addressing all questions and comments. Elizabeth told him the applicant might want to re-think entering the Inner Riparian Zone. Mr. DeSimone said the applicant does not have to do the work in this area. Mr. Cauldwell said the work would be a benefit to the resource area if the material was removed. He asked the applicant if the material from the Inner Riparian Zone can not be removed, would he still remove the material from the Outer Riparian Zone. Mr. DeSimone said the applicant still plans to do the work in this area. Elizabeth told the board more information is needed: an Alternative Analysis; a letter to address Mr. Alves' and Elizabeth's comments; submit a resource area improvement plan; an updated plan with spot elevations. Lot 1 received a Determination at the last meeting but the issues on this lot - is the lot in the flood plain? - need to be clarified. Ms. Matthew made the motion to continue DEP #211-0870, Grove Building Realty Trust, 110 Spring Street, Map 28, Parcel 157 to September 19, 2011; applicant should submit an alternative analysis, a narrative to address the Town Engineer's comments, clarify the issues on Lot 1 and an updated plan with spot elevations. Mr. Boyden seconded the motion. Motion passed S-O-O. 6. Certificate of Compliance: Brian & LeeAnn Fallon, 20 Winslow Way, Map 41, Parcel 446. DEP #211-0864 The Notice of Intent was filed for an addition, patio, and spa and grading within the 100 ft. buffer of bordering vegetated wetlands, an Estimated Habitat of Rare Wildlife and within an ACEC, the Canoe River. The home is part of the Winslow Estates sub-division built in 1997. Michael Trowbridge, Hutchins-Trowbridge Associates, Inc. was present. A letter from Michael Trowbridge states that, following an inspection of the site, the work was done in substantial compliance with the Order of Conditions. Condition #22 - at completion of construction, permanent signs, a total of three, on metal posts will be installed every 50 ft. along the 25 ft. no disturb line. This condition has been met. Mr. Boyden made the motion to accept the request for a Certificate of Compliance for DEP #211-0864 with the condition that the signs, "Environmentally Sensitive Area - Do Not Disturb" are to remain at the 25 foot line from the bordering vegetated wetlands in perpetuity. (As-built Plan 20 Winslow Way, dated June 10, 2011) Ms. White seconded the motion. Motion passed 5-0-0. 4 I 7. Requestfor Determination of Applicability: VAM Realty Trust, 241 Francis Avenue, Map 30, Parcel 76. Charles Canali, VAM Realty Trust, was present. In June, VAM Realty Trust contracted with Broadway Electric to go solar. A portion of the arrays were to be installed in the retention area on the property. A contractor was hired and the work was started. Trees on the east side of the retention area were taken down. The trees fell onto NRT land. An Enforcement Order was issued asking that hay bales and silt fence be installed and the property owner was asked to file with Conservation. Mr. Canali told the board they were not aware they would need a permit; he said they were not near the wetlands. He said the hay bales and silt fence have been installed and grass seed has been put down in the area. Mr. Cauldwell recused himself because he is a member of the NRT board. Ms. White conducted the hearing. Elizabeth said there was a question if this area should be treated as a wetland. She contacted DEP and was told if the area meets the Wetland Protection Act definition of a bordering vegetated wetland then it is a bordering vegetated wetland. That is why MassDEP added the provision at 310 CMR 10.02(2)@ saying that jurisdiction at the state level is not created when a wetland is constructed for stormwater management purposes. Basically, because this was constructed prior to 2008, there were no such provisions; so if the area meets the definition of bordering vegetated wetiand, it is to be treated as a bordering vegetated wetland. Elizabeth said Christine Odiaga of DEP wouid like to do a delineation workshop at this site next summer. Under the Enforcement Order, Elizabeth went out to the site. She said the hay bales are approximately thirty-eight feet from the bordering vegetated wetlands. The chain-link fence that surrounds the detention pond area where the work will be done is about fifty-six feet away. The Enforcement Order called for restoration of the area. Is it ready to be inspected? Mr. Canali said the area has been seeded. Because the proposed solar arrays will be within a detention pond, Elizabeth said she was concerned the work will impact the amount of volume the pond can handle. Mr. Canali said Broadway Electric made some calculations; he said he can get the calculations for the board. She said she would like to see more detailed information on the solar arrays and the amount of water displaced by the activity. Ms White said the hearing should be continued pending information on the impact to the basin and its holding capacity when the solar arrays are installed. Elizabeth will need to review the restoration area. Ms. White made the motion to continue the hearing for 241 Francis Avenue to September 15, 2011. Mr. Mulkern seconded the motion. Motion passed 4-0-1 8. Notice of Intent: Perry DiMascio, 6 Shea Circle, Map 37, Parcel 280. DEP #211-0873 The Notice of Intent was filed for the construction of a house, deck, porch, attached garage, utilities and related grading within the 100 ft. buffer zone. Siltation control to be staked in place prior to construction and maintained until area has been grassed and stabilized and the Certificate of Compliance has been issued. Ralph Maloon, RIM Engineering, Inc., and Perry DiMascio, the property owner, were present. Mr. Maloon told the board Mr. DiMascio is proposing to construct a Single-family home and the home will be on town sewer and water. The work will be out of the 50 foot no touch area. Mr. Maloon said because of a vernal pool on site the plan has been revised. Elizabeth said she has not verified the wetland flag line. Mr. Cauldwell asked who determined the vernal pool boundary line. Mr. Maloon said the determination was made on the sub-division plan two years ago. An Order of Conditions was issued. 5 Mr. Maloon said the area is within an isolated land subject to flooding. Mr. Cauldwell said the vernal pool comes under three regulations - the Mansfield By-law, state regulations and federal regulation, no discharge of any kind into a vernal pool. Ms. Matthew said she is concerned about the driveway and asked if it could be a gravel driveway? She said roof drains should be included; the lawn area should not be treated with pesticides or herbicides because of the potential run-off to the vernal pool. She said this should be included on the deed. Permanent signs should be installed at the 100-foot line. Mr. Boyden said that the roof drains are already on the plan but dry wells should be included also. Mr. Maloon asked that instead of dry wells, a leach trench be used. Elizabeth said the vernal pool line is on the plan but the line needs to be confirmed because the area is so low and flat. Ms. Matthew made the motion to accept the proposed house plan for 6 Shea Circle, DEP #211-0873, with the stipulation the driveway be permeable gravel - no asphalt. Mr. DiMascio said the driveway has to be asphalt. Mr. Boyden suggested he berm the asphalt. Mr. Cauldwell said a drainage swale could be put in to catch the run-off along the driveway. Motion continued: three permanent signs, to read "Environmentally Sensitive Area - Do Not Disturb", on metai posts, one at the closest corner of the house and one each at the fifty-foot line on either side of the house; a leach trench be added to the plan; pitch and swale the driveway; silt fence with hay bales to be inspected by Elizabeth; the condition, no herbicides or pesticides be used on the lawn area, only organic, be added to the deed; the Order of Conditions to be issued pending verification of the vernal pool line. (Plan - "Proposed House Location at 6 Shea Circle", prepared by RIM Engineering, Inc. and stamped by Ralph I. Maloon, P.E.) Mr. Boyden seconded the motion. Motion passed 5-0-0. 9. Notice dfIntent:>gdb~rtMeeks, 4 Buckskin Drive, Map 6, Parcel 153. DEP #211-0874 The Notice of Intent was filed for the construction of a house, driveway, septic, utilities & grading within the 100 ft. buffer of Bordering Vegetated Wetlands. Michael Trowbridge, Hutchins-Trowbridge Associates, Inc., and Robert Meeks, the property homeowner were present. Mr. Trowbridge told the board this is a Residential Compound. Mr. Meeks is proposing a sing ie-family house with a septic system 80 feet from the edge of the wetlands - 75 feet is the minimum. Roof drain details are shown on the plan; three separate areas are proposed. The house and deck are outside the 50-foot buffer with grading within the 25-50 foot line. The driveway is outside the 50 foot area. Mr. Trowbridge said the area was previously disturbed. Elizabeth said the original filing was for Appalooza Estates, DEP #211-0747. There is an existing silt fence shown on the plan between the property line and the swale that goes to the retention basins. The board asked that permanent "Environmentally Sensitive Area - Do Not Disturb" signs be installed. Mr. Trowbridge said Mr. Meeks does not have an issued with the signage. Elizabeth said even though she could not see the wetland flags in the field, under the Permit Extension Act the flags are still good until November 28, 2011; condition #16 of the original Order of Conditions said the flags are to be maintained until a Certificate of Compliance is issued. Mr. Trowbridge will reproduce the wetland flags in the field before the actual construction begins. While walking the silt fence line, Mr. Cauldwell said he noticed what appeared to be a fuel spill toward the retention area? He said the spill should be disposed of properly. 6 Mr. Trowbridge said he had spoken to Lenny Flynn about putting a sign designating the open space area. Mr. Meeks does not have an issue with this being done now. Does the board want the sign added to the plan. Mr. Mulkern made the motion to accept DEP 11211-0874, 4 Buckskin Drive, Map 6, Parcel 153, dated July 22, 2011, for the construction of a house, driveway, septic, utilities and grading within the 100 ft. buffer of bordering vegetated wetlands with two permanent signs, reading "Environmentally 5ensitive Area - Do Not Disturb", on metal posts, on 50 foot centers, on the 50 foot line behind the house; the oil spill is to be addressed. (Plan - "Sewage Disposal System - 4 Buckskin Drive, Lot 1" prepared by Hutchins-Trowbridge Associates, Inc. and stamped by Michael Trowbridge, R.L.S.) Ms. Matthew seconded the motion. Motion passed 5-0-0. 110. Other Bosil1ess:<> .. Elizabeth suggested that the board ask all applicants filing for a pool permit if they will be adding a deck to the pool. Several applicants have had to come back before the board for decks. Tara DeGirolamo, 19 Tracy Circle, came before the board in July 2011 for a pool. The deck shouid have been shown on the plan because it also needed to be permitted. The 8' x20' deck will be attached to an existing deck. Ms. White made the motion to accept the deck as part of a field modification for 19 Tracy Circle; the deck will extend from the house to an above-ground pool. Ms. Matthew seconded the motion. Motion passed 5-0-0. MassDOT Route 140 Ramp onto 1-495, DEP #211-0836 Update: Karro Frost of New England Environmental, Inc. told the board there are three outstanding issued: cleaning of the Back Bay Brook culverts; Riverfront Area mitigation work off- site at the Mansfield Airport; Invasive Species Control. Cleaning of the Back Bay Brook culverts: Back Bay Brook flows through two 6O-inch culverts under 1-495 from the Mansfield Airport south towards Norton Reservoir. A lot of sediment has entered from upstream. These culverts are approximately three-quarters to four-fifths full of material, leaving only 1-1.5 feet of space where water can flow. Each culvert is 225 feet long and contains approximately 350 to 400 yards of material. JH Lynch has contracted with Inland Water, Inc. to clean the culverts. At the downstream end, the contractor will clear brush and trees from the outlet of pipes so that they can be safely accessed. The outlet end of the culverts is overgrown with a tangle of brush, including gray willow, a non-native species. They plan to excavate a 10'x10' area at the outfall of both culverts, one culvert at a time, to allow sediment to be removed; the existing grade at the end of the pipe in 3-4 feet higher than the bottom of the pipe. The culvert being cleaned will be blocked on the upstream end and flow from the other culvert will be directed around the lO'x10' sediment area. Temporary hay bales will be installed downstream of the sediment trap area to prevent silty water from flowing downstream to the Norton Reservoir. Ms. Frost will be on site during the process. Monitoring pumps will be running to pump the water coming out and into the BMP2, approximately 175 feet away. The BMP2 would then need to be cleaned out and replanted. Work will need to be completed by October 1, 2011 because the Army Corp permit requires that all in-stream work be completed no later than October 1". Ms. White said she would prefer to see a filter fabric across the stream instead of hay bales to catch the sediment. Ms. Frost asked if she wanted silt fence fabric or fabric used in a silt bank. She thinks a temporary installation of hay bales would actually do a better job and allow for the water to pass; silt fabric would impede the flow of the water. Ms. White said she was concerned the hay bales might contain potential invasive species seed that would be carried downstream. Ms. Frost suggested that straw bales be used in place of the hay bales. 7 Ms. White asked who would be responsible for maintaining the culverts after they are cleared; is the culvert sedimentation maintenance part of a proposed 0 & M plan? Is it on-going maintenance? Ms. Frost said MassDOT would be responsible; it is their structures. She said some amount of sediment is preferable in a closed bottom culvert. Elizabeth said the 0 & M plan is in the Order of Conditions; she said the plan can be put in the Certificate of Compliance as a condition in perpetuity. Ms. Frost said the sediment will be removed by truck to the staging area, the old Clemmey property, an area more than 200 feet from the river. The sediment would then be removed off site. The board suggested that the upstream and downstream areas be gradually graded once the material has been removed and that straw bales only be used. Mr. Boyden asked where the sediment and sand originate from. Ms. Frost said she believes ninety-five per cent of it comes from the airport area because of the eroded bank areas. Mr. Andrews agrees most of the sediment is coming from the banks on the airport property. Mr. Andrews asked how long the stream would be blocked once the work starts. Ms. Frost said only one channel or side would be blocked, one side would always be opened. Riverfront Mitigation Area: An area of bank is eroding on Back Bay Brook at the Mansfieid Airport. This stretch of bank is very steep. The bank is approximately 95 feet in length and the work area is between 25-35 feet. The sandy soils in this area have little to no top soil, so the area will be planted with species that can thrive in these conditions, including sweet fern, sweet pepperbush and fragrant sumac variety "10 gro". The disturbed area will be seeded with a native grass seed consisting of little bluestem, red fescue and rye grass. Ms Frost said the pians call for the slope to be stabilized with wood chips rather than seed, which NEE specifically recommends against as it does not meet the Performance Standards in 310 CMR 10.58. An additional aspect of this work is selective cutting of trees at the end of the Runway 14. The proposed cutting is for trees only. other vegetation will be left to slow tree stump sprouts. NEE encouraged the Airport Commissioners to allow dense shrub growth in this area to shade potential trees. There are shrub willows along Back Bay Brook that could provide dense shading. According to the specifications from MassDOT, no planting may occur until after September 1st. As a result, this work is proposed to occur during the month of September. Invasive Species Control: Invasive species are proposed to be controlled through the use of herbicide after the areas have been inspected by Karro Frost, NEE, and the Mansfieid Conservation Agent, Elizabeth Leidhold. Ms. Frost said a plan will be developed illustrating locations and densities of invasive species to be controlled. This inspection has not occurred, thus there is no plan to present to the Conservation Commission at this time. She said invasive species controls will be In the Riverfront and the bordering vegetated wetland areas. The amount and type of herbicides to be used will be carefully selected. 111. New BlIsiness:!! . Michael Trowbridge, Hutchins-Trowbridge Associates, Inc., representing Maple Leaf Realty Trust, introduced Mark Maganello/LEC Environmental Consultants, Inc. As part of the special conditions for the Maple Street project, a wetland monitor was to be hired and approved by the board, to provide professional environmental consulting services associated with Wetland Replication Area construction off Maple Street. Elizabeth asked that Mr. Maganello come in and introduce himself to the board. Because there have been conflicts in the past with consultants, the board wanted to make it clear that Mr. Maganello would be working on behaif of the Commission and not the applicant. Mr. Magnello told the board he has consulted for several Commissions and understands this. He will report directly to the board. Elizabeth said she consulted with an attorney from the State Ethics Board and was told a consultant working for a Commission is considered a special municipai employee and is bound by the same ethics code. She recommended that 8 the board ask any consultants doing work for the board take the on-line Ethics Test. Proof that the test was taken would be on file with the Town Clerk. A letter to the Selectmen needs to be signed notifying the board will be doing a site inspection. Amend regulations to clarify plan due date: plans are to be submitted no later than five business days prior to a meeting. The board would like to change this to seven business days because of Elizabeth's short hours. Ms. White made the motion to change the Rules and Regulations number 2, "Changes in Submitted Plans", to read [If at any time. there is a change in a proposed activity, the applicant must submit information on the proposed changes and the potential impacts on the interests Identified in the by-law. The Commission must be notified in writing seven business days prior to a hearing on the proposed changes. Failure to do so will result in rescheduling the hearing to the next scheduled meeting of the Commission. Ms. Matthew seconded the motion. Motion passed 5-0-0. Bird Road: Ms. Matthew received an anonymous compliant from a resident walking on the Bird Road power line. They knew the area was in a Rare Species Habitat and any work would have to be at least 100 ft. away. A portion of the roadway appears to be closer than the required 100 feet. Ms. Matthew asked Mr. cauldweli to look at the site. . Mr. cauldweli said there is a portion of the retention basin that mayor may not be within the 100 ft. buffer. He said measurements should be taken. He asked that the applicant be notified that the board has received a compliant and ask that they verify the retention basin is not within the buffer area. A memo should go out to the Planning and Engineering Departments: when reviewing a project and they see it involves more than an acre of land, the project requires a hearing with the Conservation Commission. Mr. Boyden made the motion to accept the minutes of July 27, 2011 as written. Ms. White seconded the motion. Motion passed 5-0-0. Mr. Boyden made the motion to accept the minutes of June 20, 2011 as written. Ms. White seconded the motion. Motion passed 5-0-0. 112. Adjournment Mr. Boyden made the motion to adjourn. No second. Motion passed 5-0. The next meeting will be September 19, 2011 ~Ca~~i~~~C(jij) Ct- ~(t" 9